Justice Department probing California jail snitch scandal

SANTA ANA, Calif. -- The U.S. Justice Department on Thursday opened an investigation into a long-running scandal over the use of jailhouse informants in Orange County, California, federal authorities said.

The civil pattern-or-practice investigation will look into allegations county prosecutors and sheriff's officials used jailhouse snitches to get information from defendants in violation of their constitutional rights, the U.S. attorney's office in Los Angeles said in a statement.

The probe also will examine allegations prosecutors in the Southern California county failed to turn over required evidence to defense attorneys.

"A systematic failure to protect the right to counsel and to a fair trial makes criminal proceedings fundamentally unfair and diminishes the public's faith in the integrity of the justice system," principal deputy assistant attorney general Vanita Gupta, who heads the civil-rights division, said in the statement.

"Our investigation will examine the facts and evidence to determine whether the District Attorney's Office and Sheriff's Department engaged in a pattern or practice of violating these rights," Gupta said.

The statement said Orange County District Attorney Tony Rackauckas requested the review.

The District Attorney's Office, in a statement, said it was pleased to cooperate with the Justice Department and believes investigators will conclude it "did not engage in systematic or intentional violation of civil rights of any inmate and no innocent person was wrongfully convicted."

Orange County Sheriff Sandra Hutchens said in a statement she would cooperate fully with the investigation.

The scandal began several years ago after the defense lawyer for mass killer Scott Dekraai learned a jailhouse informant had been chatting with his client even though he already had a lawyer and alleged a violation of his client's constitutional rights.

The discovery prompted the judge to open hearings into the issue and eventually yank county prosecutors from the case, finding sheriff's deputies lied or intentionally withheld information about the use of snitches -- a decision that was upheld by a state appeals court last month.

Earlier this year, Orange County authorities acknowledged a log detailing how informants were handled was kept by deputies in charge of the jails but never released despite the earlier hearings.

"It is hoped that the Justice Department's probe will help reform the system so that all Orange County residents will receive the constitutional protections to which they are entitled," said Scott Sanders, the assistant public defender representing Dekraai, who brought the allegations.